Duty to Accommodate
Updated: Jan 22, 2019
DTA remains a top priority for our Local. Canadian law prohibits discrimination based on any of the 13 grounds identified in section 2 of the Canadian Human Rights Act (CHRA) and the employer has a duty to accommodate employees to avoid such discrimination. The employer must accommodate employees who fall into the groups protected by the CHRA up to the point of undue hardship, taking into account health, safety and cost.
To demonstrate that the duty to accommodate has been fulfilled, the employer must be able to document the process that was observed in considering and acting on the employee's request for accommodation. Accommodation issues continues to be a top priority for our union. Please contact a union rep if you've made an accommodation request and it's not being handled in a timely manner or if the request was denied. Want to add a caption to this image? Click the Settings icon.
When you make a request for accommodation, the manager should meet with you to discuss the request. An Occupational Fitness Assessment Form should be presented to you take to your family doctor. The manager will attempt to implement the recommendations of the doctor where applicable and reasonable.
It is always advisable to discuss your accommodations needs with the a union representative who can give you some pointers on the process and what to expect. Often times the doctor doesn't fill out the form with limitations and restrictions causing a lengthy back and forth for clarification.